AUSTIN—In a decision by Judge Jennifer Elrod, the U.S. Court of Appeals for the Fifth Circuit today lifted the district court’s injunction, allowing HB 2 to immediately go into effect. Lauren Bean, spokeswoman for the Texas Attorney General’s Office, released the following statement:
“This decision is a vindication of the careful deliberation by the Texas Legislature to craft a law to protect the health and safety of Texas women.”
A federal appeals court Thursday allowed Texas to immediately begin enforcing tough new abortion restrictions that will effectively close all but seven abortion facilities in America’s second most-populous state.
A panel of the U.S. 5th Circuit Court in New Orleans stayed a lower judge’s ruling while it considers the overall constitutionality of key portions of Texas’ sweeping 2013 abortion law, which Republican Gov. Rick Perry and other conservatives say is designed to protect women’s health.
U.S. District Judge Lee Yeakel ruled in August that part of the law requiring Texas clinics to spend millions of dollars on hospital-level upgrades was less about safety than making access to abortion difficult.
Yeakel’s ruling in Austin suspended the upgrades requirement. But Texas is appealing, and asked the appeals court to let it enforce the law during that process — clearing the way for the panel’s ruling.
Allowing to go forward the rules on hospital-level upgrades — including mandatory operating rooms and air filtration systems — would shutter more than a dozen clinics across Texas. It means only abortion facilities will remain open in the Houston, Austin, San Antonio and the Dallas-Fort Worth areas.
None will be left along the Texas-Mexico border or outside any of the state’s largest urban areas.
Meanwhile, some clinics have already closed after another part of the 2013 law required doctors to have admitting privileges at nearby hospitals. That portion of the law has already been upheld by the 5th U.S. Circuit, where the state is now seeking a second outright reversal.